I. Brief introduction of the case
On September 20 10, the defendant Liu Xiaobo was criminally detained by the public security organs on suspicion of intentional injury. On March 20 1 1, the defendant Liu Xiaobo and the defendant He Mou were introduced to live together. On the evening of September 17, 2065438 1 1 p.m., Liu Xiaobo quarreled with He Mou because of trivial matters, and Liu Xiaobo beat He Mou. In the meantime, when Zhao Jianying came forward to stop the fight, Liu Xiaobo pushed He to the ground and beat him again. It was identified as a minor injury due to comminuted fracture of the distal end of the left humerus.
Second, legal issues in judicial practice
In the crime of domestic violence, because the victim is unable or unwilling to call the police, the offender will evade punishment in the case, so in judicial practice, there are often some difficulties in obtaining evidence in such cases. In judicial practice, there are two main views on the crime of causing human fracture and whether the actor constitutes the crime of intentional injury. The first view is that a criminal act must be "endangering the health or health of others". The second view holds that criminal acts should be carried out by actors, not by actors, thus avoiding the impossibility of pushing criminal acts into the principle of equality between crime and punishment in judicial practice. In view of the existence of these two views, it is clearly stipulated in the judicial interpretation that * * the same crime refers to the situation in which two or more people intentionally commit a crime, and the role of * * * is similar to that of the principal and accessory in the process of committing a crime, in which the principal is responsible for handling it and enjoys the right of distribution and control; * * * Joint crime refers to the constituent elements of crimes committed by two or more persons respectively. * * * When committing a joint crime, two or more persons shall be respectively responsible for handling or participating in making the causal relationship between criminal facts and actions and results according to the division of labor, and shall be jointly and severally liable. In the above-mentioned cases, the three defendants only caused the victim's fracture because of domestic violence, and the fact that the crime occurred within the family did not endanger social order and public safety. Therefore, the court did not support the defense opinion that the three defendants constituted the crime of intentional injury.
Third, the lawyer's opinion.
The word "domestic violence" has appeared for many years, but it is still one of the most common acts of violence. When a family member has a domestic violence, the most important thing is to seek the help of professionals in time, actively communicate with the victims of domestic violence after the domestic violence occurs, and report the case to the public security organ in time, and judge and deal with it through the police's understanding of the relationship between the perpetrator and the victim; Secondly, the injured party should actively seek legal channels to protect themselves and their families. If the victim is affected by domestic violence and does not dare to call the police after suffering from domestic violence, he will only silently endure such violence; If you choose silence after suffering from domestic violence, you are likely to be unable to extricate yourself after suffering from domestic violence, which will not only cause great harm to yourself, but also seriously affect your family. Domestic violence has become one of the most important and common factors in current social contradictions. If domestic violence cannot be effectively curbed, it will pose a serious threat to people's lives and marriages. Therefore, as victims, we should seek the help of professionals in time and take effective measures to prevent injuries. At the same time, after the occurrence of domestic violence cases, the defendant should actively seek legal help and make compensation according to law.
Fourth, summarize the writing instructions of the article.
The author believes that domestic violence, for whatever purpose, is unfair to the victim, because the physical harm of domestic violence to the victim is irreversible, and its severity is no less than rape and other sexual assault. Any family member has the right to claim responsibility for the crime of domestic violence before the victim reports the case. The author believes that if the victim still fails to obtain the corresponding proof materials after reporting the case, he can consider whether to file a case according to the specific situation, or the judicial organ can handle it according to the provisions of the criminal law on the same crime. If the police can't get effective protection or the evidence is insufficient to achieve legal and social effects, then we can consider ruling divorce according to law or arresting her husband in criminal detention to provide effective protection or evidence for the victims. Because there is no specific charge of domestic violence in China's criminal law, at present, the way victims suffer from domestic violence is beating. Therefore, whether the violent beating of the victim constitutes a crime of domestic violence depends on the degree of violence suffered by the victim and his injured physical condition. If the victim can prove that he has been subjected to domestic violence, but can't claim that he has been subjected to domestic violence, he can file a divorce lawsuit with the people's court or arrest his husband and put him in criminal detention according to law, which is a more effective solution.